HomeMy WebLinkAboutCM Interim Public Works Director 2009cm, cl, d5M
Agenda Item No: 5
Meeting Date: January 5, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: MANAGEMENT SERVICES
Prepared by: Jim Schutz, JJ
Assistant City Manager
City Manager Approval:
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR AN INTERIM PUBLIC WORKS DIRECTOR WITH
MOKHTARI ENGINEERING, INC.
RECOMMENDATION:
Adopt Resolution to Authorize the City Manager to Execute an Agreement for an Interim Public
Works Director with Mokhtari Engineering, Inc. (Parviz Mokhtari, PE).
BACKGROUND:
On July 7, 2008, the City Council approved an agreement with Avery Associates to provide
recruitment services for the Public Works Director/City Engineer position. Avery conducted an
aggressive outreach campaign after receiving feedback from many City of San Rafael
stakeholders. A thorough interview process took place involving both formal and informal panel
interviews. A background and reference checking process took place on the finalists.
Unfortunately, the City was not able to secure a candidate to fill the position from this process.
ANALYSIS:
At this time, staff is recommending to formally close the initial recruitment and begin a second
recruitment on an "open until filled" basis. Avery Associates is willing to continue to provide
their services at no additional cost as their mission is to complete a successful recruitment for
the City of San Rafael. Staff expects to continue interviews with new candidates as early as
January 2009 and is committed to finding a qualified candidate to fill the position.
As the recruitment process is extending longer than anticipated, staff recommends making an
interim appointment to serve in the Public Works Director role. Parviz Mokhtari is President of
Mokhtari Engineering, Incorporated and has 25 years experience as a Director of Public
Works/City Engineer. He was Director of Public Works for the City of San Carlos since 1984
until his retirement in December 2008, the final years as a consultant. He began his career with
San Carlos serving as a consulting Assistant City Engineer in December 1979.
Parviz understands Public Works operations, and has spent a career designing, constructing,
and overseeing a wide variety of capital projects. His background, experience, and
approachable style will serve our organization well during this interim season.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Attached to this report, for your consideration, is an agreement between Mokhtari Engineering
Incorporated and the City of San Rafael. If approved, Parviz would begin his interim
assignment on January 6, 2009. The initial term is a two month period and can be extended
with the mutual agreement of the Interim Public Works Director and the City Manager.
FISCAL IMPACT:
The agreement calls for monthly compensation in the amount of $16,400 which is no increase
over his previous rate in the City of San Carlos. This compensation is provided in the Public
Works Department's 2008-2009 fiscal year budget and will require no new appropriations to the
General Fund. The initial two month term would not exceed $32,800 and any additional months
would be at the rate of $16,400 per month.
OPTIONS:
• Approve the Resolution to execute the agreement as presented.
• Modify the agreement prior to approval.
• Do not approve the Resolution.
ACTION REQUIRED:
Adopt Resolution.
ATTACHMENTS
U:VimS\Recruitments\Public Works Director\MS_interim PW Director stfrpt.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR AN INTERIM
PUBLIC WORKS DIRECTOR WITH MOKHTARI
ENGINEERING, INC.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, on July 7, 2008, the Council approved an agreement with Avery Associates to
provide recruitment services for a Public Works Director/City Engineer; and
WHEREAS, the search for a Public Works Director/City Engineer has not resulted in a
suitable candidate; and
WHEREAS, the City is seeking an Interim Public Works Director/City Engineer for the
period of time of an extended recruitment process; and
WHEREAS, the City wishes to enter into an agreement with Mokhtari Engineering, Inc.
(Parviz Mokhtari, PE) to provide Interim Public Works Director/City Engineer services while
recruitment for a permanent position continues.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
The CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an
agreement with Mokhtari Engineering Inc. so that Parviz Mokhtari shall serve as the
Interim Public Works Director/City Engineer for the City of San Rafael, a copy of which is
hereby attached and by this reference made a part hereof.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of said City held on Monday, the 5th day of January, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
AGREEMENT FOR AN INTERIM PUBLIC WORKS DIRECTOR
BETWEEN THE CITY OF SAN RAFAEL AND
MOKHTARI ENGINEERING, INC.
This Agreement is made and entered into this th day of January. 2009, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Mokhtari Engineering Inc.
(hereinafter "CONTRACTOR").
1. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR. Parviz Mokhtari, PE shall have overall responsibility for
the progress and execution of this Agreement for CONTRACTOR.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the Public Works Director/City Engineer duties
and/or provide services as described in Exhibit "A" attached and incorporated herein. The
consultant is prohibited from bidding on or being compensated for City of San Rafael special
projects or studies outside of this contract.
3. DUTIES OF CITY
CITY shall cooperate with CONTRACTOR in his performance under this
agreement and shall compensate CONTRACTOR as provided herein.
4. COMPENSATION
For the full performance of the services described herein by CONTRACTOR, CITY
shall pay CONTRACTOR at a rate in the amount not to exceed $16,400 per month (prorated for
any portion of a month) inclusive of all expenses and/or taxes or fees.
Payment will be made monthly upon receipt by PROJECT MANAGER of invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT
The term of this Agreement shall be for two months commencing upon the date of
execution of this agreement. The Agreement may be extended on a monthly basis upon the
mutual consent of PROJECT MANAGER and CONTRACTOR.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen
(15) days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the
party giving such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents
described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later
than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance
of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in
any such audit or inspection.
9. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the
prior written consent of the other party, and any attempt to so assign this Agreement or any
rights, duties or obligations arising hereunder shall be void and of no effect.
10. INSURANCE
A. During the term of this Agreement, CONTRACTOR shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal
injury, or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to
be performed under this Agreement, a professional liability insurance policy in the minimum
amount of one million ($1,000,000) dollars to cover any claims arising out of the
CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A.,
shall also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, and other entities in the Franchisors' Group, their
officers, agents, employees and volunteers as additionally named insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, and other entities in the Franchisors' Group, their officers, agents,
employees and volunteers as additional insureds under the policies;
5. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
8. PROJECT MANAGER and the City Attorney shall approve the
insurance as to form and sufficiency.
C. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney.
At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced
or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense
expenses.
11. INDEMNIFICATION
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, and
other entities in the Franchisors' Group, their officers, agents, employees and volunteers, against
any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's
fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions,
intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees
in the performance of their duties and obligations under this Agreement.
12. NONDISCRIMINATION
CONTRACTOR shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. CONTRACTOR shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release,
defend, indemnify and hold harmless CITY, and other entities in the Franchisors' Group, their
officers, agents and employees from any and all damages, liabilities, penalties, fines and all
other consequences from any noncompliance or violation of any laws, ordinances, codes or
regulations.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions
of this Agreement, to the other party.
15. NOTICES
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be
given as follows:
TO CITY: Mr. Ken Nordhoff, City Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 94915-1560
TO CONTRACTOR: Parviz Mokhtari, P.E.
Mokhtari Engineering, Inc.
5520 Woodhurst Lane
San Jose, CA 95123
16. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not
as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status
of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and
not that of an employee of CITY.
17. ENTIRE AGREEMENT —AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral
or written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Agreement shall control.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent
breach or violation of the same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration
which may become due or owing under this Agreement, shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE/OTHER TAXES
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay
any and all state and federal taxes and any other applicable taxes.
21. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
City Manager
ATTEST:
City Clerk
CONTRACTOR
0
Name: Parviz Mokhtari
Title:
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
City of San Rafael
Job Class Specification
Job Title: Public Works Director/City Engineer
SUMMARY
Directs the Public Works program for the City which includes maintenance of City owned facilities such
as roads, parks, buildings and vehicles, capital improvement project engineering, contract
administration, traffic engineering and other related services. Serves as the City Engineer.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. This list is meant to be
representative, not exhaustive. Some incumbents may not perform all the duties listed while in other
cases related duties may also be assigned.
• Plans, organizes, and directs the City Public Works program including four divisions:
Engineering, administration, traffic and maintenance.
• Develops goals and objectives for the department.
• Prepares reports and analysis for City Council and City Staff.
• Participates in meetings of the City Council, Planning Commission, homeowners associations
and professional associations and presents verbal and written reports.
• Coordinates with City Manager and other departments to identify, clarify and implement City
policies and procedures, including departmental goals and objectives.
• Oversees the preparation of applications for State and Federal funding to enhance City funded
road maintenance works.
• Serves on boards representing the City on matters affecting the City such as JPAs and
Coalitions.
• Coordinates with Public Works Directors in other cities on matters of joint concern.
• Evaluates, trains, counsels and disciplines staff.
• Oversees the management of the capital improvement program.
• Conducts investigations and resolves complaints received from the community.
• Prepares and oversees the San Rafael Sanitation District Budget.
• Oversees and insured implementation of SRSD emergency response and reporting procedures.
• Coordinates with CMSA member agencies regarding operation of treatment plant.
• Performs related duties as required.
KNOWLEDGE OF:
• Principles and practices of civil engineering
• Federal, State and local laws impacting Public Works
• Caltrans policies and procedures
• Principles, practices and trends in public works administration
• Principals of management
ABILITY TO:
• Interpret and apply Federal, State and local laws.
• Communicate effectively, verbally and in writing.
• Maintain a flexible, cooperative customer service attitude.
• Coordinate diverse activities of the department.
• Manage a cadre of Public Works professionals and paraprofessionals.
EDUCATION AND/OR EXPERIENCE:
Any combination of education and experience that demonstrates possession of the requisite
knowledges, skill and abilities. A typical way to obtain these would be: Bachelors degree in Civil
Engineering. Six years of increasingly responsible public work construction and maintenance
experience including at least two years in a managerial position.
Registration as a Civil Engineer in the State of California.
Valid drivers license
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit and talk or hear. The
employee frequently is required to stand; walk; use hands to finger, handle, or feel; and reach with
hands and arms. The employee is occasionally required to climb or balance and stoop, kneel, crouch,
or crawl. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or
move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision,
color vision, peripheral vision, depth perception, and ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee regularly works in indoor conditions and regularly
works near video display. The employee is exposed to moving mechanical parts, heavy construction
equipment and outside weather conditions from time to time. The noise level in the work environment
is usually moderate.
Prepared Date: February 2002
Prepared by: Nash & Co.